This Site is created and published by Native Yard Solutions (Pty) Ltd (2015/332877/07). (“Native Yard”)
TERMS AND CONDITIONS OF USE
You acknowledge and understand that by accessing and using the Site and/or any of the services offered on the Site, you agree to and are bound by these terms and conditions.
These terms and conditions constitute a binding agreement between Native Yard and you, the User.
We may amend these terms and conditions from time to time. Your use of the Site and any of the services offered on the Site, will be subject to the most current version of these terms and conditions posted on the Site at the time of such use.
You agree to use the Site in accordance with all applicable laws and only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of the Site by any third party. Furthermore, you agree not to use the Site in a manner that would bring Native Yard, our business and/or any of our affiliates into disrepute.
The content on our Site (“Content”), the arrangement thereof and the Site’s look and feel is protected by copyright and other laws.
You are hereby granted permission to access the Site solely for viewing and browsing Content. This permission terminates automatically if you breach any of these terms and conditions.
Any unauthorised reproduction or distribution of all or part of the elements and information composing this Site is forbidden.
Any use of Content otherwise than that permitted above, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web Site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software may not be made without our prior express written consent.
TRADEMARKS AND SERVICE MARKS
There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on the Site. By making them available on the Site, Native Yard is not granting you a licence to use them in any fashion.
PRIVACY AND SECURITY
All personal information obtained by Native Yard through your use of this website is protected in accordance with the laws of the Republic of South Africa.
Native Yard is the producer and owner of all or part of the databases composing the Site. By accessing the Site, you recognise that the data composing it is legally protected. You are thus forbidden from extracting, reusing, stocking, reproducing, representing or conserving, directly or indirectly, on any medium whatsoever and by any means and under any form, all or part, which is qualitatively or quantitatively substantial, of the contents of the databases appearing on the Site you are accessing, as well as making extracts or repeated and systematic re-utilisation of qualitatively and quantitatively non-substantial parts when these operations manifestly surpass the conditions of normal usage.
Any utilisation whatsoever of the trade names and logos of this Site are forbidden without the written authorisation of Native Yard. Similarly, any hypertext links aimed at this Site are subject to prior authorisation.
No person, business or website may link to any page on this Site without the prior written permission of Native Yard
This Site may provide links to other third-party sites or resources. Native Yard makes no representations whatsoever about any other website which you may access through the Site. Because Native Yard has no control over such Sites and resources, you acknowledge and agree that Native Yard is not responsible for the availability of such external Sites or resources, and is not responsible or liable for any content, advertising, products, services or other materials on or available from such Sites or resources. Native Yard makes no representation or warranty as to any third party content, products or services, and you agree that Native Yard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such Site or resource.
Internet transmissions are never completely private or secure. Any message or information you send to the Site may be intercepted by others unless such message or information is encrypted. Sending a message to Native Yard does not cause Native Yard to have a special responsibility to you.
DISCLAIMER OF WARRANTY
Native Yard does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the Site and its Contents.
LIMITATION OF LIABILITY
Native Yard will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the Site, its Content and/or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer viruses, line failure, removal of Content and all other direct, indirect, special, incidental or consequential damages even if Native Yard has been advised of the possibility of such damages.
You agree to indemnify and hold harmless Native Yard, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including attorneys’ fees resulting from any violation by you of these terms and conditions.
ADDRESS FOR SERVICE
The address for service for all purposes relating to these terms and conditions including the giving of any notice and the serving of any process is firstname.lastname@example.org.
EXPLOITATION OF INFORMATION
Despite the care paid to the treatment of information, Native Yard declines any and all responsibility concerning errors or omissions relating to the information distributed on the Site. Native Yard cannot be held responsible for either the interpretation of the information contained on the Site, or the consequences of their use.
Native Yard may modify, suspend, withdraw and/or discontinue the Content, in whole or in part, at any time without notice.
These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.
You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.
These terms and conditions of use together with the applicable terms of the conditions of sale (if applicable) constitute the entire agreement between you and Native Yard and supersede any previous agreements, negotiations, representations, arrangements, undertaking or proposals whether written or oral concerning the subject matter hereof.
Native Yard’s failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
Native Yard will have the right to cede, delegate, transfer and/or assign its rights, obligations and duties hereunder to any person and/or entity, and you hereby consent to such cession, delegation, assignment and/or transfer. You do not have such rights unless Native Yard has given its prior written consent.
Native Yard will be excused any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or connection or communications thereto, governmental restraints and act(s) of legislature or any other cause outside our reasonable control.
ELECTRONIC COMMUNICATIONS DISCLAIMER
Every effort is made to provide accurate and complete information. However, given the substantial amounts of information for our communications at the time of dissemination, often uploaded within short deadlines, we cannot guarantee that there will be no errors. We, therefore, accept no responsibility for any loss or damage which may arise from reliance on information contained in any communication sent. Neither Native Yard nor its employees and contractors make any warranty with respect to the accuracy of any information expressed or implied in any communication. The information in any communication (which includes any files transmitted with it) from Native Yard to you is confidential and may be legally privileged. It is intended solely for you. Access to this communication by anyone else is unauthorised. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. The contents of an attachment to any communication from us may contain software viruses which could damage your own computer system. While Native Yard has taken every reasonable precaution to minimise this risk, we cannot accept liability for any damage which you sustain as a result of software viruses. You should carry out your own virus checks before opening any attachment. Copyright in any electronic messages sent by Native Yard to you and any document created by us will be and remain vested in us and will not be transferred to you. We assert the right to be identified as the author of and to object to any misuses of the contents of this communication or such documents.